SCOTUS justices get their “word of the day”
We know that Justice Antonin Scalia won’t tolerate made-up words during oral arguments. But when a genuine 50-cent vocabulary word comes up, Scalia really enjoys it.
Yesterday during oral arguments in the case Briscoe v. Virginia, Richard D. Friedman, a professor at University of Michigan Law School, dropped the phrase “entirely orthogonal” into his argument.
“I’m sorry – entirely what?” asked Chief Justice John G. Roberts, Jr.
“Orthogonal,” Friedman repeated before rattling off synonyms. “Right Angle. Unrelated. Irrelevant.”
Scalia jumped in. “What was that adjective? I liked that,” Scalia said.
“Orthogonal,” Friedman said.
“Orthogonal,” Roberts repeated.
“Orthogonal, ooh!” Scalia said with delight, as the other justices and the audience laughed.
“I knew this case presented us a problem,” said Justice Antony Kennedy, spurring more laughter.
“I think we should use that in the opinion!” Scalia said. And then, as if to avoid tipping his hand in the case, he added: “Or in the dissent.”
More on the oral arguments in Briscoe here on Lawyers USA.
